Google &amp; YouTube Not Liable For Copyright Infringement

Viacom lost its $1 billion lawsuit against Google
and YouTube for alleged copyright infringement when a judge granted summary
judgment. YouTube's defense was that it used the "safe harbor" protection of
the Digital Millennium Copyright Act (DMCA) where YouTube would remove
allegedly infringing videos after being notified, and after three offenses a
poster would be banned from YouTube. On June 23, 2010 US District Judge Louis
Stanton granted YouTube and Google's motions in defense of claims brought by
Via and other plaintiffs. In the 30 page Opinion Judge Stanton pointed out that
"over 24 hours of new video-viewing time is uploaded to the YouTube website
every minute." Viacom plans an appeal, but at this moment this appears to be a
monumental ruling for Google and YouTube which helps define Copyright law on
the Internet. As a trial lawyer my experience is that Judges rarely grant
summary judgment (there are no facts in dispute, and the moving party wins on
the law without a trial). It is more likely than not that Google and
YouTube will prevail on the appeal since the trial Judge granted summary
judgment. This case is important given size of YouTube and its role in
changing Social Media.

YouTube Turns 5

When YouTube celebrated its fifth birthday in May, 2010 it announced that it
passed "two billion video views a day." YouTube has perennially lost money so
there were many analysts who criticized Google's $1.65 billion purchase of
YouTube in 2006, which was made worse when Viacom brought its Copyright
infringement lawsuit in 2007. YouTube has been developing partnerships with
music labels to compete with "Hulu.com, the joint venture of Fox, NBC and
ABC." So Judge Stanton's Order should help clear Google and YouTube's path
for success and bring clarify about the DMCA.